Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3132
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

Transformative work of the day: Barbie the Computer Engineer

3 months agoIndustries / Law : 43(B)log

Organization for Transformative Works volunteer Casey Fiesler explains in Slate. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Reading list: Orly Lobel on employment law as IP law

3 months agoIndustries / Law : 43(B)log

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property. Abstract:Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific...Show More Summary

Lamborghini going to pot?

3 months agoIndustries / Law : 43(B)log

If "anything can signify anything," is this equation of a pot with a Lamborghini nominative fair use? (It's just an object. It doesn't mean what you think.) Anything can signify anything billboard, Washington DC Photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

organic cosmetics class certified

3 months agoIndustries / Law : 43(B)log

Brown v. Hain Celestial Group, Inc., No. C 11-03082, 2014 WL 6306581 (N.D. Cal. Nov. 14, 2014) Hain has staved off class actions several times, but not here: the court certified a class of purchasers of Avalon Organics and Jason cosmetic...Show More Summary

Koch and wine: punitive damages for wine fraud reduced but allowed

3 months agoIndustries / Law : 43(B)log

Koch v. Greenberg, 14 F. Supp. 3d 247 (S.D.N.Y. 2014) There’s probably a good magazine article or two in this story. William Koch, the “litigious younger brother” of Charles and David, bought over 2600 bottles of rare French wine consigned by Eric Greenberg to an auction house. Show More Summary

NPR story on apple varieties and TM as substitute for patent

3 months agoIndustries / Law : 43(B)log

The story suggests that control over new varieties could last forever, instead of expiring as previous patents on new varities have, because the varieties are "trademarked." Query: if the public knows the apple as SweeTango, why isn't that word the generic term for that kind of apple? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

bills, applications and manuals can be commercial speech

4 months agoIndustries / Law : 43(B)log

Heartland Payment Systems, Inc. v. Mercury Payment Systems, LLC, 2014 WL 5812294, No. C 14–0437 (N.D. Cal. Nov. 7, 2014) Heartland and Mercury compete to provide electronic payment processing to small and medium-sized merchants through point of sale (POS) systems, which allow merchants to accept credit cards and debit cards. Show More Summary

Prior class settlement precludes state from seeking restitution for false advertising

4 months agoIndustries / Law : 43(B)log

California v. IntelliGender, LLC, -- F.3d ---, No. 13–56806, 2014 WL 5786718 (9th Cir. Nov. 7, 2014) The 9 th Circuit held that a CAFA-compliant settlement precluded the People of the State of California, acting through their representatives...Show More Summary

lack of substantiation versus falsity

4 months agoIndustries / Law : 43(B)log

In re Bayer Phillips Colon Health Probiotic Sales Practices Litig., No. 11–3017, 2014 WL 5776153 (D.N.J. Nov. 6, 2014) This is another case where Bayer argued that the plaintiff’s claims were merely based on “lack of substantiation”Show More Summary

Guest post: Peter DiCola's notes from Notre Dame roundtable on The Eureka Myth

4 months agoIndustries / Law : 43(B)log

Jessica Silbey’s _The Eureka Myth_ Book Roundtable at Notre Dame November 7th, 2014 Notes from Peter DiCola Panel #1 1) David Schwartz — Praise for the book — Will raise a few methodological issues — Issue of representativeness of the sample. Show More Summary

The Eureka Myth: Reputation

4 months agoIndustries / Law : 43(B)log

Fourth Session: Reputation and Policy Take-Aways Abraham Drassinower: what does thinking about misalignment tell us how to think about IP? Move from debunking eureka myth to debunking the myth of progress. Misalignment of IP with its own justifications, needs of its creators. Show More Summary

Eureka Myth roundtable: Communities and Creativity

4 months agoIndustries / Law : 43(B)log

Third Session: Communities and Creativity Rebecca Tushnet: Silbey’s choice of subjects are those who are the targets of IP law: inventors, artists, various types of intermediary facilitators like lawyers. They are very important. (Unsurprisingly,...Show More Summary

Roundtable on Jessica Silbey’s The Eureka Myth

4 months agoIndustries / Law : 43(B)log

Roundtable on Jessica Silbey’s The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property University of Notre Dame Law School [I was very sorry that I arrived late due to a missed connection the previous night] SecondShow More Summary

stricter California rule on Made in USA claims not preempted

4 months agoIndustries / Law : 43(B)log

Paz v. AG Adriano Goldschmeid, Inc., No. 14cv1372, 2014 WL 5561024 (S.D. Cal. Oct. 27, 2014) Paz sued AG, alleging that its “The Protégé” brand jeans were misleadingly marked with a “Made in the U.S.A.” label; he allegedly relied on the label in the belief that he was “supporting U.S. Show More Summary

Deadmau5 vs. Disney

4 months agoIndustries / Law : 43(B)log

I talk to American Public Media's Stan Alcorn. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Photoshopping competitor's product as one's own could be false advertising

4 months agoIndustries / Law : 43(B)log

Meggitt (Orange County), Inc. v. Nie, 2014 WL 5528546, No. SACV 13–0239 (C.D. Cal. Nov. 3, 2014) Note: the caption lists the defendant as Nie Yongzhong, and I’m following the rule that Chinese family names go first since he appears in the case as Mr. Show More Summary

unauthorized photo use doesn't create false advertising claim for photo owners

4 months agoIndustries / Law : 43(B)log

Avalos v. IAC/Interactive Corp., No. 13-CV-8351 (S.D.N.Y. Oct. 30, 2014) Meltech, a web design and modeling company, sued defendants for allegedly unauthorized use of photos of models in fake online dating profiles on dating sites (e.g., Match.com, Chemistry.com, and OkCupid.com). Show More Summary

Reading list: irrationally sticky defaults

4 months agoIndustries / Law : 43(B)log

Robert Letzler, Ryan Sandler, Ania Jaroszewicz, Isaac Knowles, and Luke M. Olson, Knowing When to Quit: Default Choices, Demographics and Fraud, Oct. 8, 2014 Abstract: A long literature in psychology and economics has shown that default...Show More Summary

Time to make the DMCA exemptions

4 months agoIndustries / Law : 43(B)log

Requests will be collected here as the day continues. The EFF and the OTW jointly requested a remix exemption for DVD, Blu-Ray, and streaming video. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Why do competitors get to challenge claims that consumers don’t?

4 months agoIndustries / Law : 43(B)log

I have a political economy explanation for this, but I don’t think that’s good enough. Challenging a “tests prove” claim—explicit or implicit—in Lanham Act cases means showing that the tests don’t prove the proposition for which they are cited. Show More Summary

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